Madras High Court
The District Collector vs K.Jayapandian on 9 March, 2021
W.A.(MD)No.778 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.778 of 2020
C.M.P.(MD) No.4432 of 2020
1.The District Collector,
O/o. The District Collector,
Sivagangai District.
2.The District Revenue Officer,
O/o. The District Revenue Officer,
Sivagangai District.
3.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Sivagangai District.
4.The Sub – Registrar,
O/o. The Sub – Registrar, Thirupuvanam,
Thirupuvanam,
Sivagangai District.
5.The Tahsildar,
Thirupuvanam,
Sivagangai District.
6.The Executive Officer,
Thiruppuvanam Town Panchayat,
Thiruppuvanam,
Sivagangai District. ... Appellants/Respondents
Vs.
1.K.Jayapandian
2.K.Jayapandi
3.J.Geetha
4.T.Thangam
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W.A.(MD)No.778 of 2020
5.S.Balamurugan
6.K.Chinnapitchai
7.G.Sankar
8.S.Parameswari
9.Tamil Selvi
10.P.Dinesh Prabharan ... Respondents/Writ Petitioner
Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order
passed by this Court in W.P.(MD)No.20723 of 2019, dated 04.10.2019.
For Appellant : Mr.K.Chellapandian
Additional Advocate General
Assisted by Mrs.J.Padmavathi Devi
Special Government Pleader
For Respondents : Mr.M.Ajmalkhan
Senior Counsel
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
Learned Single Judge, upon taking note of the fact that the property
has changed hands and the classification still remains as individual patta as
against the water body, namely, Vaigai river bed, held that the impugned order
cannot be sustained. Challenging the same, the present appeal has been filed.
2.Learned Additional Advocate General appearing for the appellants
submitted that the very change in classification itself is contrary to law.
Therefore, all the transaction are void and consequently, the communications
sent by the authorities cannot be questioned.
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W.A.(MD)No.778 of 2020
3.Learned Senior Counsel appearing for the respondents submitted
that in the 'A' Register of 1978 the land is shown as private patta land.
Thereafter, several sale deeds have been executed. Unless law prohibits,
registration cannot be prevented, especially, when the classification remains as
such. It appears the appellants have waken up only after order of this Court. But
for the orders, the sale would have been happened, construction would have
been put up. Even after the order of this Court, the appellants did not take any
action to cancel the patta. Per se, registration is only a ministerial act and it
does not involve title. Therefore, the appellants have proceeded in a wrong
direction and issued a communication not to register any documents.
4.Though we find force in the submissions made by the learned
Additional Advocate General appearing for the appellants, ultimately the relief
granted is not interfered with as an attempt to cancel the private patta granted
would be enough to rectify the irregularity. The observation of the learned
Single Judge will not stand in the way of the appellants to cancel the patta and
the communication sent cannot be construed as bad in law, since the order of the
Division Bench is to the effect that water bodies will have to be protected and
the documents relating to water bodies should not be registered. Unfortunately,
as on today, the private patta has not been cancelled and until and unless the
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W.A.(MD)No.778 of 2020
said anomaly is rectified as required under law, the relief granted cannot be
interfered with. However, we make it clear that the order passed by the learned
Single Judge is attributed to the case of the respondents alone. Any such
registration of documents will not stand in the way of the appellants taking
appropriate steps to cancel the patta granted.
3.The Writ Appeal is disposed of accordingly. Consequently,
connected C.M.P.(MD) No.4432 of 2020 is closed. No costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 09.03.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
1.The District Collector,
O/o. The District Collector,
Sivagangai District.
2.The District Revenue Officer,
O/o. The District Revenue Officer,
Sivagangai District.
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W.A.(MD)No.778 of 2020
3.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Sivagangai District.
4.The Sub – Registrar,
O/o. The Sub – Registrar, Thirupuvanam,
Thirupuvanam,
Sivagangai District.
5.The Tahsildar,
Thirupuvanam,
Sivagangai District.
6.The Executive Officer,
Thiruppuvanam Town Panchayat,
Thiruppuvanam,
Sivagangai District.
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W.A.(MD)No.778 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)No.778 of 2020
09.03.2021
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